Gerald Wright v. D. Davey et al

Filing 16

FINDINGS and RECOMMENDATIONS recommending that case be dismissed, with prejudice, for failure to respond to Court Orders and failure to state a claim 13 signed by Magistrate Judge Gary S. Austin on 11/29/2017. Referred to Judge Dale A. Drozd; Objections to F&R due within 14-Days.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD WRIGHT,

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Plaintiff,

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vs.
D. DAVEY, et al.,

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Defendants.

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FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO RESPOND TO COURT
ORDERS AND FAILURE TO STATE A
CLAIM
(ECF No. 13.)
OBJECTIONS, IF ANY, DUE IN
FOURTEEN (14) DAYS

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1:16-cv-01881-GSA-PC

I.

BACKGROUND

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Gerald Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2016, Plaintiff filed

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the Complaint commencing this action at the United States District Court for the Central

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District of California. (ECF No. 1.) On December 15, 2016, Plaintiff’s case was transferred to

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this court. (ECF No. 4.)

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On August 31, 2017, the court screened the Complaint and issued an order dismissing

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the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No.

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13.) The thirty-day deadline has passed and Plaintiff did not file an amended complaint or

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otherwise responded to the court’s order. As a result, there is now no pleading Complaint on

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file.
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On October 20, 2017, the court issued an order to show cause, requiring Plaintiff to

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respond within fourteen days, showing cause why this case should not be dismissed. (ECF No.

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14.) The fourteen-day deadline has expired and Plaintiff has not filed a response to the order to

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show cause.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be

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DISMISSED, with prejudice, based on Plaintiff’s failure to respond to court

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orders and failure to state a claim upon which relief may be granted under §

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1983; and

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2.

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These findings and recommendations are submitted to the United States District Judge

The Clerk be directed to close this case.

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l).

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fourteen (14) days from the date of service of these findings and recommendations, Plaintiff

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may file written objections with the court. Such a document should be captioned “Objections

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to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.

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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394

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(9th Cir. 1991)).

Within

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IT IS SO ORDERED.
Dated:

November 29, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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